1. The present Appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973 is directed against the judgment and order delivered by the Additional Sessions Judge, Gondal in Sessions Case No.110/1993 dated 06.09.1994 recording acquittal of the accused of the charges for the offences under Sections 355, 325, 323, 354, 504, 506(2), 509 read with Section 114 of the Indian Penal Code, under Section 37(1) read with Section 135 of the Bombay Police Act and under Sections 3(1)(10) and 3(1)(11) of the Atrocity Act.

2. The facts of the case briefly summarized are as follows:

2.1 It is the case of the prosecution that when the complainant, Ramji Samat was sitting at the house of his neighbour on 11.04.1992, the accused persons had abused the father of the complainant. He therefore came to his house from the said street and found that the accused persons were assaulting his father and when he tried to intervene, he also received injuries along with his wife. It is the case of the prosecution that they were threatened that if he lodges complaint with the police, he will lose his life and the accused had thereafter left.

2.2 According to the case of the prosecution, the incident has occurred as narrated by Laxmiben (sister of the complainant) that when she had gone to buy sugar at village : Paneli and when she was returning, the accused persons had abused, misbehaved and also assaulted her. The accused no.2 is said to have abused that they will abduct her and they made demand to accompany them, which declined and, therefore, the accused no.2 caught hold of her hand trying to use the force and thereby outraged the modesty and committed offence. Therefore she tried to return to the house shouting for the help and though people were there, they had not intervened and when she entered into the house, the accused persons followed her, which led to the incident, in which, the father was assaulted as she and her sister had locked them inside the room.

2.3 Therefore, the complaint was lodged by the complainant, which came to be registered as C.R.No.I28/1992 with Bhayavadar Police Station for the alleged offences and it was tried by the court of sessions after it was committed by the court of Magistrate.

2.4 In order to bring home the charges leveled against the respondents-accused, the prosecution examined witnesses including the complainant, his sister, his brother and other witnesses including Laxmiben victim.

2.5 After recording the evidence of the prosecution witnesses was over, the statements of the accused under Section 313 of the Criminal Procedure Code were recorded.

2.6 After hearing the learned APP as well as learned advocate for the accused, the learned Sessions Judge, as stated above, recorded acquittal on appreciation of material and evidence.

1. It is this judgment and order which has been assailed in the present appeal on the grounds mentioned in the memo of appeal.

2. Heard learned APP Ms.Monali Bhatt for the appellant State of Gujarat and learned advocate, Shri Samirkhan for the respondent no.3 accused.

3. Learned APP Ms.Bhatt has referred to the impugned judgment and order and also the testimonies of the witnesses including complainant, PW 1, Exh.22, PW 5, Samatbhai Govabhai (father), Exh.26, PW 11, Laxmiben Samatbhai, Exh.38 and others including the medical evidence in the form of testimony of PW 6, Dr. Jamnadas Makwana, Exh.27 and his medical certificate at Exh.17 as well as testimony of PW 9, Dr. Khodaji Solanki, Exh.34 and the medical certificate at Exh.35 and also PW 10, Dr. Govindji Makwana, Exh.36. She has referred to the these testimonies and tried to submit that as stated by the witnesses including the complainant, who is an eyewitness, he had tried to intervene along with his wife and received injuries, for which, the medical certificate is also produced, which is corroborated by the testimony of other witnesses like PW 5 (father) at Exh.26. She submitted that the testimonies of these witnesses are corroborated